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(영문) 광주지방법원 목포지원 2015.10.01 2015고단890

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2015, at around 22:20, the Defendant driven B Mart car under the influence of alcohol with approximately 0.102% of the blood alcohol concentration at approximately 100 meters from the 100-lane front of the Popopolym apartment to the front road of the Popolym 2nd apartment complex, the second apartment complex, and the second apartment near the second apartment complex, which is located in the Siposisipo City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the fact that the defendant was punished three times as a fine due to drunk driving under Article 62-2 of the Social Service Order Criminal Act, he/she is to choose a sentence of imprisonment.

However, in light of the fact that the defendant recognizes his mistake and reflects, the defendant has no record of punishment for drinking driving since 2007, there is no record of criminal punishment exceeding the fine, the defendant's age, character and conduct, etc., and the sentence against the defendant is mitigated, and the execution of the sentence is suspended.